alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Darnell Shannon, Appellant.

— Judgment unanimously affirmed. Memorandum: There is no merit to defendant’s argument that the sentencing court erred in failing to honor its sentence agreement. Where, as here, the court expressly makes a commitment to impose a particular sentence subject to certain conditions, and defendant violates one of those *615conditions, the court is no longer bound by the agreement and may impose a greater sentence without giving defendant an opportunity to withdraw his plea *(see, People v Brooks,*154 AD2d 931; *see also, People v Murello,*39 NY2d 879; *People v Dodson,*114 AD2d 421; *People v McDaniels,*111 AD2d 876). In any event, defendant did not move to withdraw his guilty plea and thus did not preserve this issue for appellate review *(see, People v Brooks, supra; People v Lopez,*71 NY2d 662).

We have examined defendant’s other contention and find it likewise to be without merit. (Appeal from Judgment of Supreme Court, Monroe County, Doyle, J. — Criminal Possession Forged Instrument, 2nd Degree.) Present — Callahan, J. P., Doerr, Denman, Green and Lowery, JJ.
# C_2020240EN.01001901.xml

| 20.7.2020 | EN | Official Journal of the European Union | C 240/19 |
| --- | --- | --- | --- |

20.7.2020

EN

Official Journal of the European Union

C 240/19

---

Judgment of the Court (Eighth Chamber) of 30 April 2020 (requests for a preliminary ruling from the Corte dei conti — Sezione Giurisdizionale per la Regione Puglia — Italy) — HB (C-168/19), IC (C-169/19) v Istituto nazionale della previdenza sociale

(Joined Cases C-168/19 and C-169/19) (1)

(Reference for a preliminary ruling - Freedom of movement for persons - Article 21 TFEU - Principle of non-discrimination on grounds of nationality - Article 18 TFEU - Convention for the avoidance of double taxation - Public sector workers - Pensioner residing in a Member State other than that paying retirement pension and who does not have the nationality of the Member State of residence - Income tax - Alleged loss of tax advantages - Alleged impediment to freedom of movement and alleged discrimination)

(2020/C 240/24)

Language of the case: Italian

Referring court

Corte dei conti — Sezione Giurisdizionale per la Regione Puglia

Parties to the main proceedings

Applicants: HB (C-168/19), IC (C-169/19)

Defendant: Istituto nazionale della previdenza sociale

Operative part of the judgment

Articles 18 TFEU and 21 TFEU do not preclude a tax regime resulting from a convention for the avoidance of double taxation concluded between two Member States, pursuant to which the powers of taxation of those States in relation to the taxation of retirement pensions are allocated according to whether the recipients of those pensions were in employment in the private sector or the public sector and, in the latter case, according to whether or not they are nationals of the Member State of residence.

---

(1)  OJ C 206, 17.6.2019.

---
# C_2022266EN.01000402.xml

| 11.7.2022 | EN | Official Journal of the European Union | C 266/4 |
| --- | --- | --- | --- |

11.7.2022

EN

Official Journal of the European Union

C 266/4

---

Judgment of the Court (Grand Chamber) of 17 May 2022 (request for a preliminary ruling from the Tribunal Supremo — Spain) — L v Unicaja Banco SA, formerly Banco de Caja España de Inversiones, Salamanca y Soria S.A.U.

(Case C-869/19) (1)

(Reference for a preliminary ruling - Directive 93/13/EEC - Unfair terms in consumer contracts - Principle of equivalence - Principle of effectiveness - Mortgage agreement - Unfairness of the ‘floor clause’ in the agreement - National rules concerning the judicial appeal procedure - Limitation of the temporal effects of the declaration that an unfair term is void - Restitution - Power of review by the national appeal court of its own motion)

(2022/C 266/05)

Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings

Applicant: L

Defendant: Unicaja Banco SA, formerly Banco de Caja España de Inversiones, Salamanca y Soria S.A.U.

Operative part of the judgment

Article 6(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as precluding the application of principles of national judicial procedure, under which a national court, hearing an appeal against a judgment temporally limiting the repayment of sums wrongly paid by the consumer under a term declared to be unfair, cannot raise of its own motion a ground relating to the infringement of that provision and order the repayment of those sums in full, where the failure of the consumer concerned to challenge that temporal limitation cannot be attributed to his or her complete inaction.

---

(1)  OJ C 87, 16.3.2020.

---
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICERPURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Unify Corporation (the Registrant) on Form 10-Q/A for the quarter ended January 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Todd E. Wille, Chief Executive Officer of the Registrant, do hereby certify in accordance with 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based on my knowledge:

(1) the Report fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m); and

(2) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.

|Dated: April 30, 2007 | /s/ TODD E. WILLE      
|--------------------- | -----------------------
|                      | Todd E. Wille          
|                      | Chief Executive Officer

A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Unify Corporation and will be retained by Unify Corporation and furnished to the Securities and Exchange Commission or its staff upon request.



---
EX-31.2 CERTIFICATION OF CFO PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT


Exhibit 31.2





I, Ray Salomon, certify that:





1. I have reviewed this report on Form 10-K/A of ECO2 Plastics, Inc.;





2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this annual report;





3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this annual report;





4. The small business issuer’s other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15 and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the small business issuer
and have:




a) evaluated the effectiveness of the small business issuer’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and





b) Disclosed in this report any change in the small business issuer’s internal control over financial reporting that occurred during the small business issuer’s most recent fiscal quarter that has materially affected, or is reasonably likely to affect, the small business issuer’s internal control over financial reporting;
and





5. The small business issuer’s other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuer’s auditors and the audit committee of small business issuer’s board of directors (or persons performing the equivalent functions):





a) all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuer’s ability to record, process, summarize and report financial information; and





b) any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuer’s internal control over financial reporting.








Date: August 18, 2009





By: /s/ Raymond M. Salomon


Raymond M. Salomon


Chief Financial Officer
# C_2009282EN.01001001.xml

| 21.11.2009 | EN | Official Journal of the European Union | C 282/10 |
| --- | --- | --- | --- |

21.11.2009

EN

Official Journal of the European Union

C 282/10

---

Judgment of the Court (First Chamber) of 6 October 2009 — Commission of the European Communities v Kingdom of Spain

(Case C-153/08) (1)

1

(Failure of a Member State to fulfil obligations - Freedom to provide services - Article 49 EC and Article 36 of the EEA Agreement - Direct taxation - Income tax - Tax exemption restricted to winnings from lotteries and games of chance organised by certain national bodies and entities)

2009/C 282/17

Language of the case: Spanish

Parties

Parties

Applicant: Commission of the European Communities (represented by: R. Lyal and L. Lozano Palacios, Agents)

Applicant:

Defendant: Kingdom of Spain (represented by: F. Díez Moreno, Agent)

Defendant:

Re:

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 49 EC and Article 36 EEA — National legislation under which amounts won in lotteries and games of chance organised abroad, but not in certain lotteries or games of chance organised in Spain, are subject to income tax.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by maintaining in force fiscal legislation which exempts winnings from lotteries, games of chance and betting organised in the Kingdom of Spain by certain public bodies and entities established in that Member State and pursuing social or charitable non-profit-making activities, without that same exemption being granted to winnings from lotteries, games of chance and betting organised by bodies and entities established in another Member State of the European Union or European Economic Area and pursuing the same type of activities, the Kingdom of Spain has failed to fulfil its obligations under Article 49 EC and Article 36 of the Agreement on the European Economic Area of 2 May 1992; |
| --- | --- |

1.

Declares that, by maintaining in force fiscal legislation which exempts winnings from lotteries, games of chance and betting organised in the Kingdom of Spain by certain public bodies and entities established in that Member State and pursuing social or charitable non-profit-making activities, without that same exemption being granted to winnings from lotteries, games of chance and betting organised by bodies and entities established in another Member State of the European Union or European Economic Area and pursuing the same type of activities, the Kingdom of Spain has failed to fulfil its obligations under Article 49 EC and Article 36 of the Agreement on the European Economic Area of 2 May 1992;

| 2. | Dismisses the action as to the remainder; |
| --- | --- |

2.

Dismisses the action as to the remainder;

| 3. | Orders the Commission of the European Communities and the Kingdom of Spain to bear their own costs. |
| --- | --- |

3.

Orders the Commission of the European Communities and the Kingdom of Spain to bear their own costs.

---

(1)  OJ C 142, 7.6.2008.

1

---
September 11, 2002

24691

#### State v. Davis

Affirmed
#### UNITED STATES of America, Plaintiff-Appellee, v. Ramiro CALDERON-RENTERIA, Defendant-Appellant.

No. 05-10352.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided Aug. 17, 2005.

Susan B. Cowger, U.S. Attorney’s Office Northern District of Texas, Dallas, TX, Nancy E. Larson, Assistant U.S. Attorney, U.S. Attorney’s Office Northern District of Texas, Fort Worth, TX, for Plaintiff-Appellee.

Jason Douglas Hawkins, Federal Public Defender’s Office Northern District of Texas, Dallas, TX, for Defendant-Appellant.

Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Ramiro Calderon-Renteria raises arguments that are foreclosed by *Almendarez-Torres v. United States,*523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10Q 1ST
QUARTER OF 1998 FOR THE QUARTERLY PERIOD ENDED MARCH 28, 1998 AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-27-1998
<PERIOD-START>                             DEC-28-1997
<PERIOD-END>                               MAR-28-1998
<CASH>                                           2,607
<SECURITIES>                                     3,517
<RECEIVABLES>                                    4,865
<ALLOWANCES>                                       485
<INVENTORY>                                          0
<CURRENT-ASSETS>                                11,934
<PP&E>                                             880<F1>
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  16,698<F2>
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           227
<OTHER-SE>                                      11,215
<TOTAL-LIABILITY-AND-EQUITY>                    16,698
<SALES>                                          4,918
<TOTAL-REVENUES>                                 4,918
<CGS>                                            1,090
<TOTAL-COSTS>                                    4,907<F3>
<OTHER-EXPENSES>                                 (461)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                    472
<INCOME-TAX>                                       132
<INCOME-CONTINUING>                                340
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       340
<EPS-PRIMARY>                                     0.02
<EPS-DILUTED>                                     0.01
<FN>
<F1>PP&E IS NET OF ACCUMULATED DEPRECIATION OF $3,345.
<F2>TOTAL ASSETS INCLUDE $502 OF OTHER ASSETS
<F3>TOTAL COSTS INCLUDES COST OF GOODS SOLD ($1,090) AND $3,817 OF OPERATING 
EXPENSES
</FN>
        

</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0000854875
<NAME>                        CORNERSTONE REALTY INCOME TRUST, INC.
<MULTIPLIER>                                   1,000
<CURRENCY>                                     U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                 JAN-01-1999
<PERIOD-END>                                   DEC-31-1999
<EXCHANGE-RATE>                                          1
<CASH>                                          16,268,336
<SECURITIES>                                             0
<RECEIVABLES>                                            0
<ALLOWANCES>                                             0
<INVENTORY>                                              0
<CURRENT-ASSETS>                                         0
<PP&E>                                         919,128,738
<DEPRECIATION>                                  77,538,085
<TOTAL-ASSETS>                                 869,264,876
<CURRENT-LIABILITIES>                                    0
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                    263,656,281
<COMMON>                                       385,969,899
<OTHER-SE>                                     (73,260,938)
<TOTAL-LIABILITY-AND-EQUITY>                   869,264,876
<SALES>                                                  0
<TOTAL-REVENUES>                               125,041,524
<CGS>                                                    0
<TOTAL-COSTS>                                   79,966,146
<OTHER-EXPENSES>                                         0
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                              12,345,598
<INCOME-PRETAX>                                 17,713,564
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                             17,713,564
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                    17,713,564
<EPS-BASIC>                                            .45
<EPS-DILUTED>                                          .45



</TABLE>
Exhibit 99.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Premier Development & Investment,
Inc. (the "Company") on Form 10-QSB for the period ending March 31, 2005 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Andrew L. Jones, Treasurer and Secretary of the Company, certify,
pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss.906 of the
Sarbanes-Oxley Act of 2002, that:

(1) The Report fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

(2) The information contained in the Report fairly presents, in all material
respects, the financial condition and result of operations of the Company.

IN WITNESS WHEREOF, the undersigned has executed this certification as of this
13th day of May, 2005.



/s/ Andrew L. Jones
-------------------------------
Andrew L. Jones
Treasurer and Secretary
Premier Development & Investment, Inc.
#### In the Matter of Rodney Joseph.

— Motion for leave to appeal as a poor person denied. Memorandum: No appeal lies from the denial of an ex parte application. No application pursuant to CPLR 5704 has been made. Present — Callahan, J. P., Doerr, Boomer, Pine and Davis, JJ.
<PAGE>


                                                                   Exhibit 99.1


                      CERTIFICATION PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002


         In connection with the Quarterly Report on Form 10-Q of Insurance Auto
Auctions, Inc. (the "Company") for the quarterly period ended June 30, 2002 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Thomas C. O'Brien, Chief Executive Officer of the Company,
certify, pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that:

         (1) the Report fully complies with the requirements of section 13(a)
             or 15(d) of the Securities Exchange Act of 1934; and

         (2) the information contained in the Report fairly presents, in all
             material respects, the financial condition and results of
             operations of the Company.





                                     /s/ Thomas C. O'Brien
                                     ------------------------------------------
                                     Thomas C. O'Brien, Chief Executive Officer
                                     August 13, 2002


         In connection with the Quarterly Report on Form 10-Q of Insurance Auto
Auctions, Inc. (the "Company") for the quarterly period ended June 30, 2002 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Scott P. Pettit, Chief Financial Officer of the Company, certify,
pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that:

         (1) the Report fully complies with the requirements of section 13(a)
             or 15(d) of the Securities Exchange Act of 1934; and

         (2) the information contained in the Report fairly presents, in all
             material respects, the financial condition and results of
             operations of the Company.




                                     /s/ Scott P. Pettit
                                     ------------------------------------------
                                     Scott P. Pettit, Chief Financial Officer
                                     August 13, 2002


                                       19
<TABLE> <S> <C>

<ARTICLE>                     5
<CIK>                         0000856143
<NAME>                        BCAM INTERNATIONAL, INC.

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>               DEC-31-1999
<PERIOD-START>                  JAN-01-1999
<PERIOD-END>                    DEC-31-1999
<CASH>                               68,000
<SECURITIES>                              0
<RECEIVABLES>                        33,000
<ALLOWANCES>                        (15,000)
<INVENTORY>                               0
<CURRENT-ASSETS>                    133,000
<PP&E>                               28,000
<DEPRECIATION>                       (7,000)
<TOTAL-ASSETS>                    2,965,000
<CURRENT-LIABILITIES>             1,598,000
<BONDS>                                   0
<PREFERRED-MANDATORY>                     0
<PREFERRED>                           4,000
<COMMON>                            407,000
<OTHER-SE>                          536,000
<TOTAL-LIABILITY-AND-EQUITY>      2,965,000
<SALES>                              44,000
<TOTAL-REVENUES>                     44,000
<CGS>                                50,000
<TOTAL-COSTS>                        50,000
<OTHER-EXPENSES>                  3,174,000
<LOSS-PROVISION>                          0
<INTEREST-EXPENSE>                1,188,000
<INCOME-PRETAX>                  (4,368,000)
<INCOME-TAX>                              0
<INCOME-CONTINUING>              (4,368,000)
<DISCONTINUED>                            0
<EXTRAORDINARY>                           0
<CHANGES>                                 0
<NET-INCOME>                     (4,368,000)
<EPS-BASIC>                          (.08)
<EPS-DILUTED>                          (.00)




</TABLE>